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High Court of KeralaTr.P(C)/301/2015allowed

Valsa, W/O.Mathew v. Alias, S/O.Late Varkey

2015-10-28Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 28TH DAY OF OCTOBER 2015/6TH KARTHIKA, 1937 Tr.P(C).No. 301 of 2015 () --------------------------- (TO TRANSFER OS 65/2004 of MUNSIFF COURT, IDUKKI TO MUNSIFF COURT, DEVIKULAM) ----------------------------- PETITIONER(S):

--------------------------

1. VALSA AGED 43 YEARS W/O.MATHEW JOHN, EDAPPARA HOUSE, ADIMALY KARA MANNAMKANDOM VILLAGE, 685361.

2. ANJU AGED 23 YEARS D/O.MATHEW JOHN, EDAPPARA HOUSE, ADIMALY KARA MANNAMKANDOM VILLAGE, 685361.

3. ANJALI AGED 20 YEARS D/O.MATHEW JOHN, EDAPPARA HOUSE, ADIMALY KARA MANNAMKANDOM VILLAGE, 685361.

4. AISWARYA AGED 18 YEARS D/O.MATHEW JOHN, EDAPPARA HOUSE, ADIMALY KARA MANNAMKANDOM VILLAGE, 685361.

BY ADVS.SRI.JOY C. PAUL DR.ABRAHAM P.MEACHINKARA RESPONDENT(S):

---------------------------- ALIAS, S/O.LATE VARKEY BANK MANAGER, PUTHAYATHU HOUSE, ADIMALY TOWN MANNAMKANDOM VILLAGE, DEVIKULAM THALUK, 685361. R1 BY ADV. SRI.LEGY ABRAHAM R1 BY ADV. SRI.ABE RAJAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.AV

K.ABRAHAM MATHEW, J ------------------------------------ Tr.P.(C)NO.301 OF 2015 ----------------------------------- Dated this the 28th day of October, 2015

O R D E R

----------- Petitioners are the defendants in OS.65 of 2009 of Munsiff Court, Idukki. The suit is in respect of immovable property. It was instituted in Munsiff Court, Devikulam. For administrative purpose it was transferred to Munsiff Court, Idukki. Now the prayer is to re-transfer it to Munsiff Court Devikulam.

2.

Heard.

3.

The petition is opposed by the learned counsel for the respondent. The property is situated in Mannamkandom village within the territorial jurisdiction of Munsiff Court, Devikulam. It appears that measurement of the property is necessary. The respondent resides at Mannamkandom. These circumstances incline me to take the view that it is only proper that the suit is transferred to Munsiff Court, Devikulam.

In the result, this transfer petition is allowed. OS.65 of 2004 of Munsiff Court Idukki is transferred to Munsiff

Tr.P.(C)NO.301 OF 2015 Court, Devikulam. Both parties shall appear before that court on 08.12.2015.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge